International Law

Question 1

Sources of international law

Answer 1

ICJ advisory opinion
Treaties
International Customs
Comity

Question 2

Hugo Grotius

Answer 2

Grotius laid the foundation for international law based on natural law. He expressed the idea of a society of states, governed by laws and mutual agreement to enforce those laws, rather than being governed by force or warfare.

Question 3

Natural law

Answer 3

The right to life, liberty and property. It is the philosophy that certain rights are inherent by human nature universally understood through human reason.

Question 4

Positive law

Answer 4

Human made laws are made with some regard toward natural law which usually oblige actions. It describes specific rights for individuals or groups.

Question 5

Jus cogens

Answer 5

Fundamental principle of international law that is accepted by the international community of states as a norm. No complete agreement on which norms qualify but it is generally accepted that jus cogens include the prohibition of genocide, maritime piracy, slaving, torture, wars of aggression.

Question 6

Jus civile

Answer 6

A citizenship that you can earn. The legal code of Ancient Rome, such as Paul’s earned citizenship to ensure he had a proper trial.

Question 7

Jus gentium

Answer 7

General principle as a process to deal with people. A concept of international law based or influenced by ancient Roman legal system. Example of the trial of Jesus.

Question 8

Erga omnes

Answer 8

Issues that are important for the good of all. Example genocide and Nuremberg trials.

Question 9

Opinio juris

Answer 9

Subjective obligation to establish a legally binding custom, depending on State practice.

Question 10

Law of the sea

Answer 10

Canon shot rule 3 miles to defend. Contiguous zones to enforce regulations, 24 miles. Continental shelf for resources, 200 miles.

Question 11

Alabama Commission

Answer 11

The British sunk the Alabama CSS off the French coast in 1864, the claims were the damages brought by the U.S. against UK which settled for 15.5 million.

Question 12

The Beagle Channel

Answer 12

1984 the 3 islands recognized by Argentina as Chilean territory. In conflict since 1904.

Question 13

Flags

Answer 13

Shows jurisdiction and laws followed on the ship, the captain is like a sheriff and the boats are like floating countries
Once off the vessel, you must follow the lands laws.

Question 14

Relative normative

Answer 14

Customs not written, not stable but based off customs and norms of a country.

Question 15

Comity

Answer 15

A legal reciprocity. The principle that one jurisdiction will extend courtesies to other jurisdictions. Executive, legislative and judicial acts.

Question 16

Thalweg principle

Answer 16

Thalweg the deepest part of the channel of a river, is the boarder between two countries.

Question 17

EEZ

Answer 17

Exclusive economic zones prescribed by UN convention, full sovereignty from coastline to 200 nautical miles out.

Question 18

Expropriation

Answer 18

The sovereignty of every state to exercise supreme authority over all persons and things within their territory. This includes the right to take any property within its territory and applying the principle of eminent domain. Occurs when a public agency takes private property for a purpose deemed to be public interest.

Question 19

Nationalization

Answer 19

Another method of taking private property by the State transforming private assets into public assets by bringing them under public ownership of a national government or state. May happen with or without compensation to former owners.

Question 20

Extradition

Answer 20

Deporting a person accused or convicted of a crime.

Question 21

Rendition

Answer 21

The practice of sending a foreign criminal to be interrogated in a country with a less rigorous regulations for humane treatment of prisoners

Question 22

Weaponization of militarization

Answer 22

Placement and development of weaponry and military technology in outer space.

Question 23

Jurisdiction

Answer 23

Inside the vessel is jurisdiction of the flag

Port is jurisdiction of the land

Question 24

4 basic legal traditions

Answer 24

Socialist law
Islamic law
Common law
Civil law